I am starting my own online support site for parents and individuals who want support for stress, anxiety, work, and life issues. Can I have clients who would like to hire me for my services sign a liability waiver releasing me from any responsibility in regard to the advice that they may or may not take? Would that protect me from legal issues and keep me from having to get malpractice insurance?
1 Answer from Attorneys
If you are a professional, and generally require malpractice insurance for your practice, then you probably need need malpractice insurance for this endeavor--especially if you plan to charge for your services. Generally, a liability waiver is not very effective and might be unenforcible for a professional providing a paid service. For example, a doctor or a lawyer cannot legally get his clients or patients to waive liability.
We all hate to pay for insurance, but if there is any liklihood that you can be sued for injuries resulting from your "services" you should thinks seriously about insurance. Speak to an independent insurance agent and see what he/she thinks.
Liability waivers are generally frowned upon by the courts. An amusement park ride that says "ride at your own risk" is not immune from liability for negligent acts.